Working Time Rules: Australia
Australia: standard working hours, overtime, rest, annual leave, and record-keeping rules - a practical overview, not legal advice.
Statutory working time
Under the Fair Work Act 2009 (s.62), full-time employees may not work more than 38 ordinary hours per week. Employers may request reasonable additional hours beyond 38, but employees may refuse requests that are unreasonable.
Overtime
Full-time hours are 38 a week plus reasonable additional hours. Overtime and penalty rates are set by the applicable modern award or enterprise agreement.
Rest periods
The National Employment Standards set no general break or rest entitlement, so meal breaks, rest breaks, and any penalty for a missed break come from the applicable modern award or enterprise agreement.
Record-keeping
Time and wages records must be kept for seven years, be legible in English, and stay readily accessible to a Fair Work Inspector. They may be changed only to correct an error, and must not be false or misleading. Pay slips go to the employee within one working day of pay day, on paper or electronically, even while they are on leave.
What to check before you rely on this
- The current statutory limits, reference periods, and any opt-outs.
- Sector or collective-agreement rules that may override the defaults.
- How overtime is authorised, recorded, and compensated.
- What working-time records you must keep and for how long.